Transparency of the Parole Board and Victim Support

Debate between Lord Keen of Elie and Lord Elystan-Morgan

Tuesday 9th January 2018 Lords Chamber

[Lord Keen of Elie]

I hear what the noble Lord is saying, but if we are to make progress—and swiftly, which is what we are required to do in these circumstances —we have to ensure that the review process is focused on the matters immediately at issue. To broaden it in the way suggested would, I fear, take us into the swamp lands and result in no meaningful change in the foreseeable future, particularly on the issue of transparency. While I understand and hear the desire for as wide a review as possible, let us bear in mind the need to ensure a review process that leads to legislative change within a realistic and—for victims—an acceptable timeframe.

[Lord Elystan-Morgan (CB)]

My Lords, can the Minister tell the House whether a full, preliminary review at the time Worboys pleaded was held by a learned judge? Normally such a mechanism enables many of the issues arising in this case to be ironed out at that stage.

[Lord Keen of Elie]

I am obliged to the noble Lord, but I am not sure that that could address the sorts of issues that have arisen here as a result of the present process. We are looking at the situation of Worboys 10 years after his initial incarceration and the circumstances in which he has sought to persuade the Parole Board that he can be released, without danger to the public and against the background of a risk management plan submitted to the Parole Board by the National Probation Service itself. I do not believe that that could be brought forward.

Sky and 21st Century Fox: Proposed Merger

Debate between Lord Keen of Elie and Lord Elystan-Morgan

Monday 6th March 2017 Lords Chamber

[Lord Keen of Elie]

I am not aware of the remark, but no doubt it can properly be brought to the attention of the Secretary of State.

[Lord Elystan-Morgan (CB)]

My Lords, the fact that the Secretary of State has seen fit to issue this statutory notice will give great satisfaction to most—if not all—Members of the other House. We well understand that these two grounds are not luxuries, not dainty sympathies, at all. They are principles that are central to the concept of liberty and the conduct of a well-ordered society. It is on that basis that we heartily welcome the Secretary of State’s decision.

[Lord Keen of Elie]

I am obliged to the noble Lord. I should make it clear that what the Secretary of State issued is a letter that states that she is minded to intervene: no decision has yet been made and none will be made until she has had the opportunity to consider responses to it over the next 10 days.

Disabled People: Medical Records

Debate between Lord Keen of Elie and Lord Elystan-Morgan

Tuesday 7th February 2017 Lords Chamber

[Lord Keen of Elie]

I am obliged to the noble Lord. The position is that in determining the child’s welfare needs the court will apply the factors set out in the welfare checklist in Section 1(3) of the Children Act 1989. Only where it is considered that the issue of medical condition would be relevant to the ability of a parent to care for a child would any order be made with respect to the disclosure of medical records. Those medical records may be disclosed in court but not beyond that.

[Lord Elystan-Morgan]

My Lords, does the noble and learned Lord agree that in most cases it will be very much in the interests of the child that that child should be brought up by its natural parents, wherever possible and wherever that is consistent with the welfare of that child? Does he also agree that medical records relating to the parents should never be used as a weapon against the parents but should be used to try to see what assistance can be given to those persons so that they can bring up the child, wherever it is humanly possible for them to do so?

[Lord Keen of Elie]

I entirely concur with the observations of the noble Lord. I remind the House that the Children Act 1989 was amended by Section 11 of the Children and Families Act 2014, which determined that there would always be a presumption that a parent’s involvement in their child’s life will further the child’s welfare unless the contrary can be shown.

Serious Disturbance at HM Prison Birmingham

Debate between Lord Keen of Elie and Lord Elystan-Morgan

Monday 19th December 2016 Lords Chamber

[Lord Keen of Elie]

I am obliged to my noble friend. As I indicated earlier, all recent published data show that there are no obvious differences in performance levels between public and private prisons. We therefore consider that we should continue with our endeavour of ensuring that the prison estate can be controlled and provided across both the public and private sectors.

[Lord Elystan-Morgan (CB)]

Does the noble and learned Lord accept that our courts could send fewer people to prison without there being unacceptable risk to the public? Has the time not come to review whether further judicial guidelines should be issued with a view to bringing this situation to an end?

[Lord Keen of Elie]

My Lords, with respect to the noble Lord, there are very detailed sentencing guidelines now available throughout the magistrates’ courts, which deal with about 90% of all crime, the Crown Courts and the highest courts with regard to disposal. They are constantly reviewed and considered in order to try to ensure that we can minimise the extent of detention as a punishment. Clearly, the hierarchy begins with the forms of disposal that would prevent detention, whether they are a financial penalty or some punishment within the community. That continues to be our policy.

County Court Judgments

Debate between Lord Keen of Elie and Lord Elystan-Morgan

Tuesday 11th October 2016 Lords Chamber

[Lord Keen of Elie]

In light of the fact that there have been 1.48 million county court default judgments in the past two years, it does not appear that claimants are being deterred by court fees, which have to be managed in order that the court estate can somehow remain solvent. At the end of the day, court fees are a recoverable element.

[Lord Elystan-Morgan (CB)]

My Lords, I invite the Minister to consider another, equally important aspect of this matter: where no defence has been filed in a situation where a judge would otherwise have had ample scope either to dismiss the claim altogether or to rewrite the matter in a more equitable way, many people who are under severe financial strain are unable to have their side of things put in court. How can that circle be squared, if at all?

[Lord Keen of Elie]

It can be squared by defendants entering an appearance into the court process and putting forward, in any appropriate manner, the defence that they have to the claim. In these circumstances, it would appear that the system works equitably. I point out again the need to balance the interests of claimants, many of which are small and medium-sized enterprises that suffer serious problems of cash flow due to debtors, and the interests of defendants.

EU Nationals in the UK

Debate between Lord Keen of Elie and Lord Elystan-Morgan

Wednesday 29th June 2016 Lords Chamber

[Lord Keen of Elie]

As noble Lords are aware, nothing will change overnight as a result of the decision to leave the European Union, and no determination will be made at this time with regard to citizens within the United Kingdom.

[Lord Elystan-Morgan (CB)]

My Lords, is the Minister aware of the social abuse that foreigners have suffered over the last few days since the referendum, and will he kindly look at the offence of threatening, abusive and insulting words and behaviour under the Public Order Act 1936, as well as the offence of acts intended or likely to stir up racial or religious hatred under the 2001 Act? If he comes to the conclusion that they have been very narrowly drafted, for all that they have achieved, will the Government be prepared to legislate on this matter?

[Lord Keen of Elie]

My Lords, recent behaviour towards EU citizens in this country is to be deprecated. We consider that we have sufficient laws in place to deal with these matters without further review at this time.

Euro 2016: Fan Violence

Debate between Lord Keen of Elie and Lord Elystan-Morgan

Tuesday 14th June 2016 Lords Chamber

[Lord Keen of Elie]

I cannot say to what extent the European arrest warrant will have to be deployed in respect of persons responsible for these actions in France. However, persons who return to England may be subject to the civil procedure relating to football banning orders, which results in the loss of their passports. With regard to co-operation, there has been co-operation between the English and French police authorities since well before the championship began, and that co-operation continues.

[Lord Elystan-Morgan (CB)]

Will the noble and learned Lord express admiration for the actions of the 24,000 Welsh supporters on Saturday night in the Slovakia game, in that they reacted to their success by way of exquisite choral harmony, thus endorsing the words of Dylan Thomas:

“Thank God, we are a musical nation”?

[Lord Keen of Elie]

I compliment those fans on their musical harmony and passivity.